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STATE v. BAILEY

101033810; A148109.

308 P.3d 368 (2013)

258 Or. App. 18

STATE of Oregon, Plaintiff-Respondent, v. Clark Allen BAILEY, aka Clarke Allen Bailey, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 14, 2013.

Attorney(s) appearing for the Case

Jonah Morning star , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

David B. Thompson , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and EGAN, Judge, and DE MUNIZ, Senior Judge.

ARMSTRONG, P.J.

Defendant appeals his conviction for delivery of cocaine, ORS 475.880, possession of cocaine, ORS 475.884, and tampering with physical evidence, ORS 162.295, and assigns error to the trial court's denial of his suppression motion. He contends that the police violated Article I, section 9, of the Oregon Constitution and the Fourth Amendment to the United States Constitution by unlawfully seizing him during a traffic stop. He further contends that the...

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